ADVOKS GLOBAL · KENYA
Sectional Properties Act
31. Administrative expenses
Edition: 2022-12-31 · In force
31. Administrative expenses
(1)In addition to other powers under this Act, the Corporation shall have the power to recover, from an owner, by an action in debt, any sum of money spent by the Corporation in execution of its duties as stipulated in section 20.(2)A contribution levied as provided in section 20(2) is due and payable on the passing of a resolution to that effect and in accordance with the terms of the resolution, and may be recovered by an action for debt by the Corporation—(a)from the person who was the owner at the time when the resolution was passed; and(b)from the person who was the owner at the time when the action was instituted, both jointly and severally.(3)A Corporation shall, on the application of an owner or a person authorized, in writing, by him, certify—(a)the amount of any contribution determined as the contribution of the owner;(b)the manner in which the contribution is payable;(c)the extent to which the contribution has been paid by the owner; and(d)the interest owing, if any, on any unpaid balance of a contribution, and, in favour of a person dealing with that owner the certificate is conclusive proof of the matter certified in it.(4)A Corporation may register a caution against the title to an owner's unit for the amount of a contribution levied on the owner but unpaid by him.(5)On the registration of the caution under subsection (4) the Corporation has a charge against the unit equal to the unpaid contribution.(6)A charge under subsection (5) has the same priority from the date of registration of the caution as a charge under the Land Registration Act (Cap. 300).(7)If the Corporation has registered a caution under this section the Corporation shall, within thirty days of the payment to it of the amount of the unpaid contribution, withdraw the caution.